Anwar Basha.H v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD).No.6423 of 2021 Anwar Basha.H, ...Petitioner/Sole Accused Vs.

State represented by The Inspector of Police, CSCID Police Station, Tiruchirappalli.

Cr.No.51 of 2021.

... Respondent/Complainant For Petitioner : Mr.Balakumaran.T, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.51 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under section 6(4) of Tamil Nadu Scheduled Commodities [RDCS] Order, 1982 r/w Section 7(1)(a)(ii) of Essential Commodities Act, 1955 on the file of the respondent, seeks anticipatory bail. 2.The case of the prosecution is that on 03.03.2021, based on the secret information, the respondent police confiscated 950 kilograms of PDS Rice from the petitioner's shop. Hence, the crime has been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the respondent and he has been falsely implicated in this case. Hence, he seek anticipatory bail.

5.The learned Additional Public Prosecutor submitted that the petitioner was in possession of 950 Kgs of PDS rice illegally and hence, he strongly objected to grant anticipatory bail. 6.In view of the fact that the petitioner is having 950 Kg PDS rice, which is the essential commodities, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. sd/- 05.05.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

skn/vsd Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Inspector of Police, CSCID Police Station, Tiruchirappalli.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.BALAKUMARAN, Advocate ( SR-3674[I] dated 07/05/2021 )

ORDER

IN CRL OP(MD) No.6423 of 2021 Date : 05/05/2021 VB VR SAR I(17/05/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/